1/31/2009
Bi-Partisanship is Doing Things My Way!
1/30/2009
Biden Patriot-o-meter
Since paying taxes is part of the new patriotism, here's a quick tally of the most patriotic members of the Obama Administration, according to Vice President Joe Biden:
Partisanship, Politics of Fear and So On
Hate to tell my good friends on the left, but your guys do it too, in spades. Without taking sides on the merits of the stimulus bill, let's look at some tactics of either the administration or its supporters and decide if they're deploying an us vs. them strategy
Joe BidenReally, Mr. Vice President? Well here are 200 who don't agree, or did you mean to say "every economist other than those who disagree"?
"Every economist, as I've said, from conservative to liberal, acknowledges that direct government spending on a direct program now is the best way to infuse economic growth and create job."
President Barack ObamaAmericans United for Change is running ads in states with Republican Senators that say, among other things, "Every Republican voted with Limbaugh — and against creating 4 million new American jobs" in reference to Limbaugh's statement last week about hoping Obama fails, or something like that.
“When we get past the politics of division and distraction and we start actually focusing on what we have in common, there’s nothing we can’t accomplish…’’
Maybe the stimulus plan has no waste, is optimally designed and will accomplish exactly what it's advertised to accomplish. Or, maybe, just maybe, Democrats are using a domestic emergency as cover to satisfy long standing policy goals irrespective of their stimulative value (but create a plausible argument that this or that expenditure is actually stimulative). Didn't they accuse another president of the same thing?
I have no clue if the administration's plan as passed by the House is good/bad/ugly/indifferent. I'll bet that of 435 representatives, 435 of them don't know either. I'd also venture that even the best economic minds have only a slightly better idea. No one knows. We can't run a test case, we can't have a do-over. Does anyone really believe we can just vote ourselves 4 million new jobs? If we could, we'd have done it already. Politicians and their supporters who like the bill are not automatically benevolent and bipartisan and those who oppose it are not automatically malevolent and hyperpartisan. Both sides are political, which means they look for ways to deliver goodies to their constituents and pass the cost onto the other guy's.
When a politician says "change" what he generally means is "do things my way for a while."
1/29/2009
Elvis Has Left the Building
A Stupid, Futile Gesture on Someone's Part
Sen. John "Second Place" Kerry (D-MArs) had this to say about Republican partisanship on the stimulus bill:
“If they’re not going to vote for it, let’s go with a plan that we think is going to work.”
Can I read that to mean JK wants Republicans to vote for a plan he thinks won't work, and if they don't support it, then Democrats will vote for one they think will work?
Who's the partisan now?
1/28/2009
The First Interview
The President claims that we need a new partnership with the Muslim World based upon mutual respect and mutual interests. That is all well and good. We should respect the Muslim World and they should respect us. However, why is this new? If you will recall, about a week after the 9/11 attacks, President Bush went to a Washington, DC Mosque to show his respect and the respect of the American people. In fact, if anything, the Bush Administration showed too much respect in light of the fact that so called "moderates" in the Muslim World have done little to stop the terrorists in their midst (for example, Egypt has done nothing to stop the smuggling of arms into the Gaza Strip).
Respect goes both ways. Our five most recent major military operations have all been to free Muslims from tyranny. Both conflicts in the Balkans, both wars with Iraq and the war in Afghanistan were fought for the freedom of Muslims. The spilling of US blood and treasure has been the ultimate sign of respect. The Muslim World should repay this respect by taking actions to de-legitimize the use of terror in order to achieve political goals.
Mr. Obama also claimed that extremists of other faiths have used their faith as a justification for violence. While, of course, there are extremists of all kinds, I have no recollection of any mass casualty situation approaching the numbers that we saw on 9/11 caused by Christian, Jewish or Hindu extremists. All extremists should be shunned, but the power and influence of Muslim extremists far outweighs that of extremists of other religions. All you need to do is watch television in Saudi ruled Arabia or the Palestinian territories. There you will see anti-Semitic and anti-American rants, the likes of which will shock almost anyone.
1/27/2009
Don't Pimp My Jet
A Treasury official anonymously passes a message from POTUS to Citigroup about a plane it purchased two years ago: Don't.
I think I saw this in a movie once. Oh, yeah: Luca Brasi is quietly dispatched by the Don to carry a message to the Tattaglias: the Corleones won't help purchase Sollozzo's used Dassault Falcon. Such a thing looks bad on the front page of the NYT used to wrap the fish sent to Sonny telling him Luca's been killed in a double cross.
Sen. Charles Grassley (R-IA) demands, because letters from Senators are not requests, details from Microsoft about the company's plans to reduce its workforce by about 3,000 over 18 months, with particular detail about the citizenship and country-of-origin of those let go. The legal bills and workhours spent pushing paper to satisfy Sen. Busybody kills trees and jobs, jobs which Congress considers its proper role to protect (an act which, amazingly, actually destroys them, a post for another time).
This is how it works when Washington decides to run businesses (or gets to decide because, in Citi's case, it's the financier). Do this, don't do that. Keep it off the front page. Fire this guy, not that guy (how would Sen. G. know the comparative skill of one programmer over another and his relative contribution? Hint: he wouldn't). MSFT didn't even take any federal bailout cash.
Anyone else wonder how this ad hoc meddling affects risk-taking? Think Luca Brasi.
1/26/2009
Political Judgment
1/25/2009
Sen. Feingold Reads This Blog?
On Friday the following was posted on this blog:
Replacing a Senator is, per the 17th Amendment, the domain of each state's legislature, which can assign their Governor appointment power or hold elections. Knowing what we now know about Rod Delusionojevich, no governor should hold that sort of power. Inescapably Governors will embed, in fact elevate, their interests into the appointment, which are irrelevant compared to those of the voters.Today, CNN.com reports that Sen. Russ Feingold (D-WI) intends to introduce an Amendment to the Constitution to replace gubernatorial appointment power of Senate replacements with mandated special elections. First, we got Caroline Kennedy to remove herself from consideration, now Sen. Feingold seeks to enshrine our view of the 17th Amendment into the Constitution of the United States.
Would you trust Gov. Eugene Gatling? That's who's running most state governments.
We're grateful and humbled.
1/24/2009
Secret Sauce
“That is an enormously complicated situation,” Mr. Axelrod said Friday afternoon in an interview in his West Wing office, adding: “Obviously, you can’t solve problems overnight. But what you can do is signal a sense of motion, a sense of ferment and activity and direction. And I think that he is doing that.”I think we now know Obama's policy and political approach: Ferment, Activity and Direction, known more appropriately by its acronym:
F.A.D.
Life's Like High School, Only With Money
Replacing a Senator is, per the 17th Amendment, the domain of each state's legislature, which can assign their Governor appointment power or hold elections. Knowing what we now know about Rod Delusionojevich, no governor should hold that sort of power. Inescapably Governors will embed, in fact elevate, their interests into the appointment, which are irrelevant compared to those of the voters.
Politics is part popularity contest and part contact sport. Politicians are, on average, no smarter or mature than any other random slice of our population. Actually, they're probably below average on brains. Remember the really popular kids from high school? Were they also in the Physics Club or the Debate Club?
And what's another inevitable part of high school? Gossip and self importance. Here are a few comments from a few politically active New Yorkers who view Gillibrand strictly by her interest in their interests (and, preferably, her ability to fund them):
Gloria Cruz, Bronx president of the Million Mom March:Slowly, quietly, a fourth qualification for the U.S. Senate has emerged somewhere between 1787 and today: "advocate to make legal (illegal) the stuff I like (dislike) and have someone else pay for it, or I'll publicly call you an a**hole." Didn't a well known Democrat just this week say "the time has come to set aside childish things"?
"When I heard Gillibrand was his pick, I thought it was a joke. This is an insult to the families of gun violence victims across the state. Shame on Gov. Paterson."
Alan Van Capelle, head of the Empire State Pride Agenda:
"After talking to Kirsten Gillibrand, I am very happy to say that New York is poised to have its first U.S. Senator who supports marriage equality for same-sex couples."
Kelli Conlin, NARAL Pro-Choice New York president:
"Like her predecessor Hillary Clinton, Rep. Gillibrand has shown herself to be an ally and advocate for New York and for women across the country, co-sponsoring legislation to ensure access to and funding for contraception."
Rep. Carolyn McCarthy (D-NY):
Gillibrand is "an NRA poster girl."
Jay Jacobs, Democratic leader in Nassau County:
"I'm hopeful as our new senator begins to recognize she now represents the entire state of New York rather than a small Republican congressional district, that she will modify and moderate her views."
Edgar King, Northumberland dairy farmer:
“The dairy industry is facing an economic crisis. We’re looking at a 30 percent revenue decline. There are provisions in the Farm Bill that she championed that will provide for an increase in MILC (compensation) payments to farmers. What she’s delivered goes far beyond what you’d expect from a freshman congresswoman.”
That only took a couple of days to forget.
1/22/2009
KSM and Justice for All
1/21/2009
Very Good News
It's a good day for our Republic.
Define "What Works"
But if you're fir im, take a chill pill, too. Yesterday Obama mentioned "collective failures" and you'd be hard pressed to find a single bigger domestic collective failure than entitlements. We've promised ourselves more in health and retirement benefits than can ever possibly be paid even if we tax the rich to oblivion. Genuinely fixing them is going to require the reduction of benefits for somebody. Can you live with that?
Obama said yesterday "The question we ask today is not whether our government is too big or too small, but whether it works — whether it helps families find jobs at a decent wage, care they can afford, a retirement that is dignified." People are going to disagree about whether those are appropriate functions for the federal government and, if they are, how to achieve them. For example, define "helps"; "decent"; "care"; "afford"; "retirement"; and "dignified". One person's version of "helps" can easily be another person's version of "hurts".
Whether or not you prefer a muscular, activist government is, for now, immaterial. Those who do are driving the bus. He wants to focus on what works but of course there isn't total agreement about what works. Crushing the opponent and then calling it compromise isn't post-partisanship. If that's his plan, it's his privilege to try but the opposition won't disappear. The left didn't die when Reagan took over and the right isn't going to die now.
My hunch is that Obama intends to move the center leftward. That will take time, a great deal of time and a lot of luck (Reagan in 1981 started moving the center rightward but it took 13 more years for Republicans to take Congress). If that is Obama's goal, it could easily get swamped by events. If Obama makes an unambiguous change to our anti-terror policies and another 9/11 happens, irrespective of a causal link, his political fantasy will fold like a: INSERT CLICHE HERE.
1/20/2009
Still the Same
1/19/2009
Pardon Scooter
Of all the situations in the last eight years where the Bush Administration let the narrative be controlled by the left and did not respond forcefully enough to ridiculous accusations, the Valerie Plame/Joseph Wilson "scandal" is among the worst. The picture to the left is from Vanity Fair's 2004 profile of the couple, clearly realing from Plame's supposed "outing" by the Bush administration.
Special Prosecutor Patrick Fitzgerald discovered near the beginning of his investigation that it was Deputy Secretary of State Richard Armitage, not Scotter Libby, who originally disclosed Valerie Plame's name to Robert Novak. Armitage was no fan of Bush's Iraq policy and certainly did not "leak" Plame's name as part of some conspiracy to punish her husband Joe Wilson. The reason her name was disclosed was that nobody could understand why Joe Wilson was sent to investigate the issue of whether Iraq had tried to acquire yellowcake from Niger, given his lack of an intelligence background and his opposition to Administration policies. Armitage simply provided the answer to the question.
Furthermore, Plame was not a covert operative, and had not been for the five years preceding disclosure of her identity. Therefore, intentional disclosure of her identity was not against the law. And clearly, given Armitage's well-known opinion of Bush and Cheney and their Iraq policy, the disclosure was not intentional anyway but an innocent comment to Robert Novak. Fitzgerald's investigation should have ended with this discovery. Instead he opted to question many witnesses at length regarding the memory of conversations that probably did not stand out to them as important at the time. He then decided to charge Scooter Libby with lying about when he first heard Valerie Plame's name, a fact that should not have mattered given that he did not first disclose her name to Robert Novak.
This non-scandal was manufactured by Joe Wilson and Valerie Plame, and aided by a compliant press and an incompetent Special Prosecutor. As this article by Mark Levin from 2005 discusses, the only people lying in this affair were Plame and Wilson themselves.
A pardon of Scooter Libby will be controversial and cause predictable wailing from the left, but it is the right thing to do. Charles Krauthammer wrote this article shortly after Libby's conviction in 2007 calling for his pardon. Bush did commute Libby's sentence back then but did not pardon him. He has one day left to follow Krauthammer's good advice.
1/18/2009
Economic Liberty
Conservatives have come to this conclusion for several reasons. First and foremost is the belief that government regulation is incompatible with the notion of individual liberty. Individual liberty is, of course, the basic value of Western civilization. Second, evidence often shows that the unintended consequences of government intervention leads to problems that are worse than what such intervention was intended to cure. Think about the War on Poverty and the increased in children born out of wedlock.
Since I am not a part time capitalists (meaning that I like capitalism when things are going well, but I like government handouts when times get tough), I am appalled by the spending packages that have been run up by the Bush Administration and those that are being proposed by the Obama Administration. The burden that this place on future generations is incalculable and it will inevitably lead to those unintended consequences that may be worse than the current situation.
Additionally, the leadership of the 111th Congress and the Obama Transition is using the proposed “stimulus packages” as an instrument for social engineering. How does providing health care for the recently unemployed increase GDP? Also the infrastructure spending that Mr. Obama has been advocating will take years to spend. Only a very small fraction of it will be spent in the next 12 months. If the point of the stimulus package is to immediately inject cash into the economy, how will spending money on roads and bridges 3 to 5 years in the future help the economy today?
What the Democrats are doing is obvious. Rahm Emanuel stated it right after the election. He said that politicians can’t afford to waste a good crisis. He said that a crisis gives them an opportunity to pass legislation that would never be acceptable during good times. They see this chance to make major changes to our society that would otherwise never be allowed. In these times, it matters not what the financial cost is or will be and whatever else they choose to socially engineer.
The premise of creative destruction under a free market system (meaning that those who do not provided a good or service that can sustain itself in a free market are gone, but those that do flourish), keeps us from subsidizing things that no one wants. Should the government be paying buggy whip manufactures? When left to their own devises, a free people will fill the voids in the market and sometimes at the expense of others. It may lead to short term pain, but an economy operating at maximum efficiency benefits society as a whole. There is nothing efficient about government intervention.
Remember that liberty is the solution to human condition and wealth is the cure for poverty. In a free market system, there is no such thing as a zero sum gain. Wealth will continue to be created and inure to the benefit of most. Short term dislocations should not be a source of panic. Conservatives know that the people can be trusted. Hopefully, the Obama administration will learn that lesson too. If not, beware of the unintended consequences.
1/17/2009
Now That's Change!
Want to know what's changed in Washington and about our politics? The players. For now.
1/16/2009
The Daily Pander's Daily Read
This letter, from Bob Arya, former senior adviser to Gov. Rod Sociopathojevich, to the Illinois General Assembly's Impeachment Committee is utterly remarkable. Without giving away too much, Gov. Disgustingojevich comes across as:
- Lazy
- Profane (actually, that doesn't bother me)
- Greedy
- Remorseless
- Callous
- Narcissistic
- Delusional
- Juvenile
- Breathtakingly unintelligent
- Desperately in need of professional talk therapy and anti-psychotic medication
1/14/2009
Good News/Bad News
Encouraging signs of intelligent life on planet Earth: New York State poll shows support for Caroline Kennedy to replace Hillary Clinton in the U.S. Senate falling.
Bad News
The U.S. Senate is delaying hearings into Tim Geithner's nomination as Treasury Secretary because he allegedly missed self-employment tax payments while working at the IMF. Maybe he's a good choice, maybe he isn't. Giving serious people a hard time over nickel and dime crap is why serious people don't go into public service.
Human Shields
There is plenty of evidence that Hamas engages in the coerced use of women and children as human shields. The Daily Pander has mentioned it here and Charles Krauthammer often discusses it in his columns and on Fox News. How does it happen that whenever an Israeli bomb supposedly hits a "civilian" target, the Hamas news cameras just happen to be Johnny on the spot and the photographers seem to come away without so much as a scratch?
It is time that the Western World announces a policy that clearly states that those who use civilians as human shields are 100% responsible for all casualties that result. I cannot understand why our European allies, our own press and those on the left cannot understand this very basic principal.
Israel and the United States go far beyond what is necessary to reduce civilian casualties when engaging in military operations. In many instances, the rules of engagement are such that the soldiers themselves are endangered. This is because we are the ones who value life.
The true war criminals are those who do not value human life and sacrifice the weakest among them for their political goals. There should be war crimes tribunals at The Hague for those that perpetrate this type of crime. Maybe the UN prosecutors should spend their time on Jihidists like this instead of bothering US and Israeli government officials like Henry Kissinger, Ariel Sharon, and Dick Chaney.
1/12/2009
Contracts? We Don't Need No Stinking Contracts!
- Congressional majority thinks allowing bankruptcy judges to modify mortgage terms for individuals is a good thing.
- Congressional majority thinks allowing bankruptcy judges to modify contract terms for automotive workers is a bad thing.
Ambassador Burris
1/11/2009
What Timing!
Another horribly gruesome photo from Gaza, in which a woman experiences a spontaneous burst of unbearable grief at the exact same moment a photographer was ready to click. The attack was fresh, the woman's shock was instant, but the photographer, thankfully, miraculously, remained unhurt (in a city with no readily accessible civil defense structures, BTW). Horror and misery, all perfectly centered and framed for a random nearby photojournalist.
I really don't think I'm the cynical one.
1/09/2009
Senator Tough Guy
1/08/2009
Politics of Fear?
As I recall, President Bush and Republicans generally were accused of "dividing, not uniting" or trafficking in the "politics of fear" pretty much any time they opened their mouths. Let's concede for a moment it's a fair criticism, though I'll wager one's agreement can be entirely predicted by one's partisanship.
But can we at least concede that the incoming administration, and Democrats generally, also engage in the politics of fear? Nobody gets, or stays, elected by gently uttering maybe there are a couple things going slightly wrong and a little tinkering could improve the situation for a small number of relatively untroubled people who have plenty of low impact alternatives if the thing we're moderately adjusting doesn't work out quite right. No, winning elections comes from SCREAMING HOLY SHIT THE SKY IS FALLING AND IT'S THE OTHER GUY'S FAULT AND ONLY I CAN FIX IT HOLY SHIT!!!
Robert Reich, Clinton's former secretary of labor (someone I consider neither a red meat thrower or eater and whose work is instructive and worth reading) testified yesterday the country "will lose another 3,000,000 jobs next year" absent a stimulus plan. Will? How about 95% confident there's a 66% chance the country will lose between 2,000,000 and 4,000,000 jobs. That's probably what the regression analysis run by a smart guy like Reich bears out. But that doesn't persuade or get headlines.
Or how about our transcendent post-partisan soon-to-be President? Here's an excerpt from a speech he's giving today (emphasis mine):
For every day we wait or point fingers or drag our feet, more Americans will lose their jobs. More families will lose their savings. More dreams will be deferred and denied. And our nation will sink deeper into a crisis that, at some point, we may not be able to reverse.Maybe he's right, maybe he's wrong. But we either act in the way he prefers or the pain is irreversible? Permanent decline? Sounds like an effort to gin up fear and close off debate to me. How very post-partisan.
I make no argument that everything is fine and Obama, Reich & Co. are Chicken Littles. But they, like all politicians, use fear as a lever. Yes, once in a great while there really are horrible things that go bump in the night, and making some of them go away is an appropriate role for government. But can the grown-ups in the room agree Democrats are perfectly happy to sell fear when it suits their purposes?
1/07/2009
The New CIA
1/05/2009
Propaganda? Hamas? You're Joking, Right?
Now, why would anyone deliberately delay medical care for a hurt child long enough for her to appear in two distinct globally disseminated photographs? What could be possibly be the reason? I wonder...
Great Words and Not So Great Words
The Unanimous Declaration of the Thirteen United States of America
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
The Israeli Declaration of Independence
THE STATE OF ISRAEL...will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture.
Article Eight of the Hamas Charter: The Slogan of the Hamas
Allah is its goal, the Prophet its model, the Qur’an its Constitution, Jihad its path and death for the case of Allah its most sublime belief.
1/04/2009
Good Job, 41!
He ascended the Presidency with, arguably, the best resume of any of the 42 men who have occupied the Oval Office. A naval officer, Congressman, ambassador, CIA Director, chairman of his party and Vice-President, were all positions of selfless service to our country prior to being elected to the highest office in the land.
When Mr. Bush enlisted in the US Navy in 1942, he was 18 years old. He was qualified as a naval aviator in 1943 just prior to his 19th birthday. That made him the youngest naval aviator ever, as of that date. On September 2, 1944, the future President was in command of VT-51 aircraft launched from the US aircraft carrier, USS San Jacinto. His plane was then shot down, but he was able to successfully complete his attack. This is all quite impressive for the son of a United States Senator and a child of privilege.
After successful business ventures in Texas, Mr. Bush was elected to the House of Representatives, where he served two terms. After failing to win a Texas Senate seat in 1970, President Richard Nixon appointed his as Ambassador to the United Nations. Then, in 1973 at the request of President Nixon, Mr. Bush resigned his position at the UN and became Chairman of the Republican National Committee, a somewhat thankless task in 1973.
In 1974, President Gerald Ford appointed Mr. Bush as head of the U.S. Liaison Office in the People's Republic of China (essentially, US Ambassador to China). Mr. Bush served in that post for 14 months until President Ford came calling again. At the end of 1975, Mr. Bush accepted the appointment as Director of Central Intelligence. At that time, the CIA was an agency in crisis as a result of the revelations of Watergate. Mr. Bush served as DCI for only about one year. He returned to private life after the election of Jimmy Carter in 1976.
In 1979, Mr. Bush heard the call to public service again by seeking the Republican nomination for President. Of course his first attempt at the Presidency was unsuccessful, but it led to Mr. Bush being elected the forty-third Vice-President of the United States. In that office, he served President Reagan with wisdom, dignity and grace. He was a part of the most successful administration of the 20th century.
As an integral part of the Reagan Administration, Mr. Bush was rewarded by the American people by being elected the forty-first President of the United States on November 8, 1988. Again, as you can see, he entered the Presidency with a resume like no other before him.
While some of his Presidential decisions left a lot of us on the right disappointed, we were never disappointed by the way he conducted himself or the trappings of his office. As a matter of fact, one of the most disappointing decisions of his Presidency was being too trusting of the other side. He agreed to raise taxes only in exchange for spending cuts. When it came time to cut the spending, the Democratic controlled Congress refused to hold up its end of the bargain. Mr. Bush made the mistake of thinking that since he would keep his word, others on the Hill would do so as well. But this is emblematic of the way he conducted his life – as an honest man who’s word was his bond.
Upon leaving office, President Bush let it be known that as a former President, he would not be publicly critical of those who followed him. Unlike the behavior of President Carter, who has actively attempted to subvert the foreign polices of at least three of his successors, or President Clinton, who was often publicly critical of the current President Bush, Mr. Bush - 41, kept a low profile and only took on missions when asked (like the tsunami relief efforts).
His long record of selfless service to our nation is something that very few of us will ever achieve. In addition, his dignity and grace should be an example to all of us. It is people like George H. W. Bush who made this nation as great as it is. So to you Mr. President, I salute you and say a job well done! The honor of having our newest and greatest weapon of war named after you is something that you have earned and it is only a small way for all of us to say thank you.
1/03/2009
Those of us who were uncomfortable with the blank slate also known as Barack Obama’s record of accomplishment received innumerable assurances that all would be well because “he’s so smart”. Putting aside that Mr. He’s-So-Smart refused to make public his college record and claimed to have “lost” his senior thesis at Columbia, let’s agree that He’s So Smart. Let’s also remember that the President-elect held the position of Adjunct Professor of Law at the University of Chicago Law School for eleven years, during which time he taught constitutional law. One more thing, in less than three weeks he will swear “to the best of [his] ability, [to] preserve, protect and defend the Constitution of the United States”.
So when the much reviled Governor of Illinois made the Burris appointment, did the President-Elect offer a measured view taking into account the relevant legal considerations as he saw them (bringing to bear his considerable expertise in the subject), consistent with the oath of office he is about to take – possibly in contradiction of popular sentiment and the fervent (make that desperate) desire of his party’s leaders to get Rod Blagojevich off Page 1 (i.e., demonstrate leadership)? Let’s take a look.
Here is Obama’s statement on the Burris appointment in pertinent part: “The Senate Democrats made it clear weeks ago that they cannot accept an appointment made by a governor who is accused of selling this very Senate seat. I agree with their decision, and it is extremely disappointing that Governor Blagojevich has chosen to ignore it. I believe the best resolution would be for the Governor to resign his office and allow a lawful and appropriate process of succession to take place.” Speaking of a “lawful process”:
1. The Seventeenth Amendment to the Constitution enables a state's governor, authorized by that state's legislature, to appoint a Senator in the event of a vacancy, until an election is held to fill the vacancy. Illinois law provides: “When a vacancy shall occur in the office of United States Senator from this state, the Governor shall make a temporary appointment to fill such vacancy until the next election of representatives in Congress…” Thus, reading the Constitution together with Illinois law, it appears Governor Blagojevich’s authority to fill the Senate seat is unassailable.
2. Illinois Secretary of State Jesse White has indicated he will not certify any document as an official act of the State of Illinois which purports to be an appointment of a Senator by Governor Blagojevich. The Secretary of State is the official keeper of the Seal of the State of Illinois and is responsible for attaching the seal to official Illinois documents. The Secretary has no legal authority to approve or disapprove of the Blagojevich choice. Attaching the seal is analogous to the role of a notary in affirming a signature. The notary is simply authenticating the signature, not participating in the content of the document. If the lack of a seal were to be a stumbling block in seating Roland Burris in the United States Senate, it is likely the courts would order Secretary White to seal the document.
3. Article I, Section 5 of the US Constitution provides: “Each House shall be the judge of the … qualifications of its own members…” At first blush, this might appear to allow the Senate to deny a seat to a Blagojevich appointee. The Constitution sets forth three qualifications for a Senator in Article I, Section 3 as follows:
a) Be at least 30 years old,
b) Have been a U.S. citizen for at least nine years , and
c) Live in the State he/she is to represent.
In 1969, the United States Supreme Court interpreted those two clauses together in the case of Powell v. McCormack. The House of Representatives had denied a seat to Adam Clayton Powell because of legal problems surrounding Mr. Powell. The Court said that a House of Congress does not have the authority to deny a seat to a properly credentialed candidate who meets the qualifications outlined in the Constitution. Mr. Burris is 71 years of age, a lifelong citizen of the United States and lives in Illinois. He meets the constitutional qualifications.
Hence, despite the statements of Secretary White, Senate Majority Leader Harry Reid and 50 other United States Senators, they do not appear to have the authority to deny a Senate seat to a candidate duly appointed under the United States Constitution and the laws of the State of Illinois. If Barack Obama sees it otherwise perhaps he will get around to enlightening us – or perhaps he won’t.
The Wall Street Journal has helpfully weighed in (with a nice touch about Chris Dodd) -- http://online.wsj.com/article/SB123094461932550595.html#printMode.
1/01/2009
Disproportionate Ridiculousness
What exactly is a disproportionate response to the daily attempted murder of civilians? How long would the United State government sit back and allow daily rocket attacks to be launched from British Columbia into Washington State? I don’t know, maybe one hour (I assume that’s the time it would take for our military to scramble the nearest Air Force F-15 fighter). Besides, when it comes to military action, proportion is irrelevant. The goal should always be outright victory. That was the lesson of the Viet Nam War. It was a lesson that the Bush Administration forgot during the first half of the Iraq War. Fortunately, they finally remembered it and launched the surge.
The talking points go on to site the civilians deaths in Judah (aka the Gaza Strip) by the Israeli military actions. While the loss of civilian life in any military conflict is unfortunate and sad, the blame for it in this case squarely lies on the shoulders of Hamas. It was Hamas that intentionally decided to place its security apparatus in the middle of civilian establishments, including schools and hospitals. Of course, they did it purposely so that when Israel finally decided to defend itself, they could claim that Israel was committing war crimes by killing civilians. In a rational world, everyone, including the useful idiots of the UN, would realize that Hamas is a terrorist organization and that it is 100% responsible for the deaths of the civilians it was suppose to protect.
Of course, there are a couple of world leaders who have not fallen for this terrorist canard. The Bush Administration is once again clearly indicating that Israel is acting properly and is engaging in this action in self-defense. Gordon Brown’s Labour government in the United Kingdom has also not been fooled by the Hamas terrorists (although the larger European Union, under the current French Presidency, has).
I’m also enjoying the almost universal line that Israel needs to negotiate with Hamas. As a general rule, negotiation is important, but no one has ever been able to explain to me how you can negotiate with someone who’s principal belief is that you have no right to exist. Until Hamas expressly recognizes Israel’s right to exist (in public statements made in Arabic), negotiation is impossible and the Israelis would be foolish to try. This would be like the United State attempting to negotiate with Al Qaeda. It would be a waste of time and it would lend legitimacy to the terrorists.
I am skeptical of the motives for the current Israeli offensive. It is obviously a domestic political ploy. It is being done because it currently appears that Benjamin Netanyahu will win the next Israeli general election, scheduled for February. Remember, it was Mr. Netanyahu who correctly predicated that an Israeli withdrawal from Judah would result in increased Palestinian attacks. Evidently, Prime Minister Ehud Olmert finally realized that the Israeli citizens have had enough of daily terrorist attacks originating from Hamas controlled territory and that because of his failure to act, his chosen successor, Tzipi Livni, was going to loose badly in the election to a leader who would use the military assets at his disposal to end the attacks.
However, every once and awhile political ploys result in proper policies. It is about time that Mr. Olmert acted to protect his citizens. Hopefully, unlike his unsuccessful incursion into Lebanon in 2006, the Prime Minister will take all actions necessary to rid the world of the cancer known as Hamas. If this happens, the so called world community can yell their talking points as loud as they want, to whomever will listen, but Israel in particular, and the world in general, will be safer than it is today.